END-USER LICENSE AGREEMENT
End-User License Agreement ("Agreement") is a legal contract
between you (being the individual reading this license and regardless of
whether this DigiCard has been given in the first instance to a corporate
entity) and us, namely Pali, with respect to the contents of this DigiCard
includes computer software and compressed video file(s) (the
CLICKING THE [ACCEPT] BUTTON BELOW, OR BY INSTALLING OR OTHERWISE USING
THE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND
TERMINATION PROVISIONS BELOW. IF
YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT INSTALL OR
USE THE APPLICATION, AND EXIT NOW.
entitled to receive a full refund of any payment made for the Application.
If you have not paid for the Application, then as noted on the face of the
case containing this DigiCard, please return this to us COD without making any
acceptance of this Agreement, you may install and execute use one copy of
the Application for your own personal, individual use. You must keep the
contents of this DigiCard confidential.
Use on a PC. You may run the single copy of this
DigiCard on one computer at one time
only, and you may access and use the Application at that location so long
as only one copy of the Application is in operation. You will not install
the Application in any manner whatsoever, nor make any copies or backups
of the Application.
Use on a Network. The
Application may not be used or installed on a server or any network.
Lease. You will not rent, lease, lend or publicly display the Application.
Transfer. You will not transfer the Application to any third party without
first obtaining the written consent of Pali, which consent may be withheld
in the absolute discretion of Pali, and provided in any event, that any
such transferee agrees in writing to be bound by the terms of this
Return. Despite any other provision of this Agreement, Pali may terminate
this Agreement if you fail to comply with the terms and conditions of this
Agreement. In such event, you must destroy your copy of the Application
and all of its component parts upon receiving notice from Pali or return
the Application to Pali.
This Agreement will be
interpreted in accordance with the laws of the Province of British
Columbia, Canada as if made and performed by and between parties situate
in such province and without regard to conflict of laws doctrine. All
disputes, controversy or claims arising out of or in connection with or in
relation to this Agreement, including any question regarding its
existence, validity or termination, will be submitted to and be subject to
the jurisdiction of the courts of the Province of British Columbia which
will have exclusive jurisdiction in the event of any dispute under this
Agreement. The parties irrevocably submit to the jurisdiction of such
courts to finally adjudicate or determine any suit, action or proceedings
arising out of or in connection with this Agreement. You hereby waive (a) any right to object to venue or jurisdiction based on inconvenient
forum or for any other reason; and (b) any statutory or other right
pursuant to the laws of the jurisdiction in which you reside to have a
case or hearing relating to this Agreement adjudicated or resolved in that
All ownership rights, including title and copyrights in and to the
Application (including, without limitation, any Images, photographs,
animations, video, audio, music, text, and "applets"
incorporated into the Application), the accompanying media and printed
materials, are owned solely by Pali. The Application is protected by
copyright laws. Therefore, you must treat the Application like any other
copyrighted material, subject to the provisions of this Agreement. This
license is not a sale of the Application or any copy.
The contents of this DigiCard
the Application are not to be printed, transferred or publicly displayed.
No part of the Application may be reproduced, distributed, modified,
framed, adapted, or linked to or made available in any form on any media
by any photographic, electronic, digital, mechanical, photostat,
microfilm, xerography or other means, or incorporated into or used in any
information storage and retrieval system, electronic or mechanical. The
only use permitted of the Application is expressly as stated herein,
namely personal viewing.
DISCLAIMER OF WARRANTY. THIS APPLICATION AND THE ACCOMPANYING FILES ARE PROVIDED "AS
IS" without any warranty or condition of any kind whatsoever, express
data processing procedure dictates that any program be thoroughly tested
with non-critical data before relying on it. You must assume the entire
risk of using the Application.
Limitation of Liability.. IN NO EVENT WILL PALI BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
INCIDENTAL OR SPECIAL DAMAGES, ARISING OUT OF YOUR USE OF THE APPLICATION.
Severability. Each provision of this Agreement is declared to be a separate and
distinct promise and to be separable from all other such separate and
distinct promises. If any promise, provision or part thereof is determined
by a court of competent jurisdiction or other constituted legal authority
to be void, unenforceable or unreasonable in whole or in part, it will not
be deemed to affect or impair the enforceability or validity of any other
promise or provision in this Agreement or any part thereof.
By clicking on the [Accept - Continue] button below, you are acknowledging that you have read the terms of this Agreement, that you understand the same, and that you agree to be bound by all of these terms and conditions.
If you elect not to click on the [Accept - Continue] button below, then you expressly have no consent from Pali to use any part of the Application, Website, or DigiCard in any manner whatsoever. In such event, please return this material to us COD, as noted on the face of the packaging.